An action for bodily injury or injuring personal property shall be brought
within two years after the cause thereof arose.
For purposes of this section, a cause of action for bodily injury caused by
exposure to asbestos or to chromium in any of its chemical forms arises upon the
date on which the plaintiff is informed by competent medical authority that he
has been injured by such exposure, or upon the date on which, by the exercise of
reasonable diligence, he should have become aware that he had been injured by
the exposure, whichever date occurs first.
For purposes of this section, a cause of action for bodily injury incurred by
a veteran through exposure to chemical defoliants or herbicides or other
causative agents, including agent orange, arises upon the date on which the
plaintiff is informed by competent medical authority that he has been injured by
such exposure.
As used in this section, "agent orange," "causative
agent," and "veteran" have the same meanings as in section
5903.21
of the Revised Code.
For purposes of this section, a cause of action for bodily injury which may
be caused by exposure to diethylstilbestrol or other nonsteroidal synthetic
estrogens, including exposure before birth, arises upon the date on which the
plaintiff learns from a licensed physician that he has an injury which may be
related to such exposure, or upon the date on which by the exercise of
reasonable diligence he should have become aware that he has an injury which may
be related to such exposure, whichever date occurs first.
HISTORY: GC § 11224-1; 112 v 237; Bureau of Code Revision, 10-1-53; 138 v
H 716 (Eff 6-12-80); 139 v S 406 (Eff 8-26-82); 140 v H 72. Eff 5-31-84.
§ 2305.10 Product liability, bodily injury or injury to personal property.
Text of Statute
-- This version of the statute was enacted in 1996 as part of Am. Sub. H.B.
350. In State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999),
86 Ohio St.3d 451
, the Ohio Supreme Court held that "Am. Sub. H.B. No. 350 (the Tort Reform
Act) violates the one-subject provision of § 15(D), art II of the Ohio
Constitution, and is unconstitutional in toto." Because of that decision
any pre-HB 350 versions and any post-HB 350 amendments to this statute are also
shown.
An
(
A
) EXCEPT AS PROVIDED IN DIVISION (
C
) OF THIS SECTION, AN action BASED ON A PRODUCT LIABILITY CLAIM AND AN ACTION
for bodily injury or injuring personal property shall be brought within two
years after the cause
thereof arose
OF ACTION ACCRUES. EXCEPT AS PROVIDED IN DIVISIONS (
B
)(1) TO (4) OF THIS SECTION, A CAUSE OF ACTION ACCRUES UNDER THIS DIVISION WHEN
THE INJURY OR LOSS TO PERSON OR PROPERTY OCCURS.
(
B
)(1) FOR PURPOSES OF DIVISION (
A
) OF THIS SECTION, A CAUSE OF ACTION FOR BODILY INJURY THAT IS NOT DESCRIBED IN
DIVISION (
B
)(2), (3), OR (4) OF THIS SECTION AND THAT IS CAUSED BY EXPOSURE TO HAZARDOUS OR
TOXIC CHEMICALS, ETHICAL DRUGS, OR ETHICAL MEDICAL DEVICES ACCRUES UPON THE DATE
ON WHICH THE PLAINTIFF IS INFORMED BY COMPETENT MEDICAL AUTHORITY THAT THE
PLAINTIFF HAS AN INJURY THAT IS RELATED TO THE EXPOSURE, OR UPON THE DATE ON
WHICH BY THE EXERCISE OF REASONABLE DILIGENCE THE PLAINTIFF SHOULD HAVE KNOWN
THAT THE PLAINTIFF HAS AN INJURY THAT IS RELATED TO THE EXPOSURE, WHICHEVER DATE
OCCURS FIRST.
(
2
) For purposes of DIVISION (
A
) OF this section, a cause of action for bodily injury caused by exposure to
asbestos or to chromium in any of its chemical forms
arises
ACCRUES upon the date on which the plaintiff is informed by competent medical
authority that
he
THE PLAINTIFF has
been injured by such
AN INJURY THAT IS RELATED TO THE exposure, or upon the date on which
,
by the exercise of reasonable diligence
, he
THE PLAINTIFF should have
become aware
KNOWN that
he had been injured by
THE PLAINTIFF HAS AN INJURY THAT IS RELATED TO the exposure, whichever date
occurs first.
(
3
) For purposes of DIVISION (
A
) OF this section, a cause of action for bodily injury incurred by a veteran
through exposure to chemical defoliants or herbicides or other causative agents,
including agent orange,
arises
ACCRUES upon the date on which the plaintiff is informed by competent medical
authority that
he
THE PLAINTIFF has
been injured by such
AN INJURY THAT IS RELATED TO THE exposure.
As used in this section, "agent orange," "causative agent,"
and "veteran" have the same meanings as in section
5903.21
of the Revised Code.
(
4
) For purposes of DIVISION (
A
) OF this section, a cause of action for bodily injury
which may be
caused by exposure to diethylstilbestrol or other nonsteroidal synthetic
estrogens, including exposure before birth,
arises
ACCRUES upon the date on which the plaintiff
learns from a licensed physician
IS INFORMED BY COMPETENT MEDICAL AUTHORITY that
he
THE PLAINTIFF has an injury
which may be
THAT IS related to
such
THE exposure, or upon the date on which by the exercise of reasonable diligence
he
THE PLAINTIFF should have
become aware
KNOWN that
he
THE PLAINTIFF has an injury
which may be
THAT IS related to
such
THE exposure, whichever date occurs first.
(
C
)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (
C
)(2), (3), (4), (5), AND (6) OF THIS SECTION, NO CAUSE OF ACTION BASED ON A
PRODUCT LIABILITY CLAIM SHALL ACCRUE AGAINST THE MANUFACTURER OR SUPPLIER OF A
PRODUCT LATER THAN FIFTEEN YEARS FROM THE DATE THAT THE PRODUCT WAS DELIVERED TO
ITS FIRST PURCHASER OR FIRST LESSEE WHO WAS NOT ENGAGED IN A BUSINESS IN WHICH
THE PRODUCT WAS USED AS A COMPONENT IN THE PRODUCTION, CONSTRUCTION, CREATION,
ASSEMBLY, OR REBUILDING OF ANOTHER PRODUCT.
(2) DIVISION (
C
)(1) OF THIS SECTION DOES NOT APPLY IF THE MANUFACTURER OR SUPPLIER OF A PRODUCT
ENGAGED IN FRAUD IN REGARD TO INFORMATION ABOUT THE PRODUCT AND THE FRAUD
CONTRIBUTED TO THE HARM THAT IS ALLEGED IN A PRODUCT LIABILITY CLAIM.
(3) DIVISION (
C
)(1) OF THIS SECTION DOES NOT BAR AN ACTION BASED ON A PRODUCT LIABILITY CLAIM
AGAINST A MANUFACTURER OR SUPPLIER OF A PRODUCT WHO MADE AN EXPRESS, WRITTEN
WARRANTY AS TO THE SAFETY OF THE PRODUCT THAT WAS FOR A PERIOD LONGER THAN
FIFTEEN YEARS AND THAT HAS NOT EXPIRED IN ACCORDANCE WITH THE TERMS OF THAT
WARRANTY.
(4) IF THE CAUSE OF ACTION RELATIVE TO A PRODUCT LIABILITY CLAIM ACCRUES
DURING THE FIFTEEN-YEAR PERIOD DESCRIBED IN DIVISION (
C
)(1) OF THIS SECTION BUT LESS THAN TWO YEARS PRIOR TO THE EXPIRATION OF THAT
PERIOD, AN ACTION BASED ON THE PRODUCT LIABILITY CLAIM MAY BE COMMENCED WITHIN
TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES.
(5) IF A CAUSE OF ACTION RELATIVE TO A PRODUCT LIABILITY CLAIM ACCRUES DURING
THE FIFTEEN-YEAR PERIOD DESCRIBED IN DIVISION (
C
)(1) OF THIS SECTION AND THE CLAIMANT CANNOT COMMENCE AN ACTION DURING THAT
PERIOD DUE TO A DISABILITY DESCRIBED IN SECTION 2305.16 OF THE
R
EVISED
C
ODE, AN ACTION BASED ON THE PRODUCT LIABILITY CLAIM MAY BE COMMENCED WITHIN TWO
YEARS AFTER THE DISABILITY IS REMOVED.
(6)(
a
) DIVISION (
C
)(1) OF THIS SECTION DOES NOT BAR AN ACTION BASED ON A PRODUCT LIABILITY CLAIM
AGAINST A MANUFACTURER OR SUPPLIER OF A PRODUCT IF ALL OF THE FOLLOWING APPLY:
(
i
) THE ACTION IS FOR BODILY INJURY.
(
ii
) THE PRODUCT INVOLVED IS A SUBSTANCE DESCRIBED IN DIVISION (
B
) OF THIS SECTION.
(
iii
) THE BODILY INJURY RESULTS FROM EXPOSURE TO THE PRODUCT DURING THE FIFTEEN-YEAR
PERIOD DESCRIBED IN DIVISION (
C
)(1) OF THIS SECTION.
(
b
) IF DIVISION (
C
)(6)(
a
) OF THIS SECTION APPLIES, THE CAUSE OF ACTION SHALL ACCRUE UPON THE DATE ON
WHICH THE CLAIMANT IS INFORMED BY COMPETENT MEDICAL AUTHORITY THAT THE BODILY
INJURY WAS RELATED TO THE EXPOSURE TO THE PRODUCT, OR UPON THE DATE ON WHICH BY
THE EXERCISE OF REASONABLE DILIGENCE THE CLAIMANT SHOULD HAVE KNOWN THAT THE
BODILY INJURY WAS RELATED TO THE EXPOSURE TO THE PRODUCT, WHICHEVER DATE OCCURS
FIRST. THE ACTION BASED ON THE PRODUCT LIABILITY CLAIM SHALL BE COMMENCED WITHIN
TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES AND SHALL NOT BE COMMENCED MORE THAN
TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES.
(
D
) THIS SECTION DOES NOT CREATE A NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT
AGAINST ANY PERSON INVOLVING A PRODUCT LIABILITY CLAIM.
(
E
) AS USED IN THIS SECTION:
(1) "AGENT ORANGE," "CAUSATIVE AGENT," AND
"VETERAN" HAVE THE SAME MEANINGS AS IN SECTION 5903.21 OF THE
R
EVISED
C
ODE.
(2) "ETHICAL DRUG," "ETHICAL MEDICAL DEVICE,"
"MANUFACTURER," "PRODUCT," AND "SUPPLIER" HAVE THE
SAME MEANINGS AS IN SECTION 2307.71 OF THE
R
EVISED
C
ODE.
(3) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY.
(4) "PRODUCT LIABILITY CLAIM" MEANS A CLAIM THAT SEEKS TO RECOVER
COMPENSATORY DAMAGES FROM A MANUFACTURER OR SUPPLIER FOR HARM THAT ALLEGEDLY
AROSE FROM THE DESIGN, FORMULATION, PRODUCTION, CONSTRUCTION, CREATION,
ASSEMBLY, REBUILDING, TESTING, OR MARKETING OF A PRODUCT, FROM A WARNING,
INSTRUCTION, OR LACK OF WARNING OR INSTRUCTION ASSOCIATED WITH A PRODUCT, OR
FROM A FAILURE OF A PRODUCT TO CONFORM TO A RELEVANT REPRESENTATION OR WARRANTY.
(
F
) THIS SECTION SHALL BE CONSIDERED TO BE PURELY REMEDIAL IN OPERATION AND SHALL
BE APPLIED IN A REMEDIAL MANNER IN ANY CIVIL ACTION COMMENCED ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION, IN WHICH THIS SECTION IS RELEVANT, REGARDLESS OF
WHEN THE CAUSE OF ACTION ACCRUED AND NOTWITHSTANDING ANY OTHER SECTION OF THE
R
EVISED
C
ODE OR PRIOR RULE OF LAW OF THIS STATE, BUT SHALL NOT BE CONSTRUED TO APPLY TO
ANY CIVIL ACTION PENDING PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
HISTORY: GC § 11224-1; 112 v 237; Bureau of Code Revision, 10-1-53; 138 v H
716 (Eff 6-12-80); 139 v S 406 (Eff 8-26-82); 140 v H 72 (Eff 5-31-84); 146 v H
350. Eff 1-27-97.